The GLV Act establishes the council as the legislative authority for the village. It is important to remember that this authority is granted to the council as a whole rather than to individual trustees. Most of the powers granted to the council are permissive in nature rather than obligatory. The act allows the council to:
• reduce the number of trustees to four. The proposed ordinance requires a public hearing, followed by a ten-day waiting period before adoption by a two-thirds majority. It cannot take effect for 45 days following adoption, during which time a petition signed by 10 percent of the registered voters can force a referendum on the issue. There are additional requirements regarding the timing of the ordinance and the effect on the term of sitting trustees. (MCL 62.1)A sample ordinance to reduce the size of council is available in Appendix 8 of this handbook.
• make the position of clerk and/or treasurer appointed. (MCL 62.1) Sample ordinances to appoint the clerk and treasurer are available in Appendices 6 and 7 of this handbook.
• provide for the appointment of additional officers not provided for in the charter and prescribe their duties. (MCL 62.2, 62.3)
• appoint individuals nominated by the president. (MCL 62.2)
• act on resignations, determine vacancies and make appointments to fill vacant offices. (MCL 62.10 through 62.13)
• provide for compensation of village officers (by ordinance for the president and council). (MCL 64.21)
• exercise all legislative authority. (MCL 65.1)
• select one member of the council to serve as president pro tempore. (MCL 65.3)
• hold regular meetings, at least one each month. The president or three members of the council can call special meetings as needed. (MCL 65.4)
Conflict of Interest Michigan Municipal League
What’s a conflict of interest? (chapter 8 GLV) (General Law Village: Common Procedural Questions)
To understand the Michigan laws on the subject, let’s begin with what they are trying to address: Just what is a “conflict of interest?” And why should we care about it? The second question is easy to answer: Public office is a public trust. Elected officials are merely hired hands, delegated power from the public, obliged to exercise that power as the public’s trustees. We owe a duty of loyalty to the public interest. Actions or influences tending to undermine that loyalty are destructive to the public’s confidence in government. We all should care about that. A conflict of interest is any interest competing with or adverse to our primary duty of loyalty to the public interest. A competing interest may be a personal interest, or it may be a duty or loyalty we owe to a third party. In either case, there is a “conflict” if the competing interest impairs our ability to decide a public question objectively and independently. That is a broad definition, and not everything which might fall within it is necessarily a problem. An influence which could impair our impartiality is a potential problem.
After reading several attorney generals opinions, I believe elected officials who are married to one another are prohibited, from voting, deliberating, participating in discussions, or otherwise taking action or using the authority or influence of their office, formally or informally, in any matter which would provide a direct and definite, private pecuniary (monetary; relating to money; financial; consisting of money or that which can be valued in money), benefit to their spouse, where their objectivity and independence of judgment in the performance of their official duties could be impaired. In the absence of any crystal-clear laws regulating exactly what is and what isn’t a conflict of interest, public officials should at all costs avoid the appearance of impropriety. It’s a matter of trust between the elected official and the voter. Elected officials should abstain from votes where they may have a conflict of interest.
Appendix 4 Rules General Law Village Michigan Municipal League
Rules of Procedure
For general law village councils
2. Special meetings
A special meeting shall be called by the Clerk upon the written request of the village President or any three members of the Council on at least 24 hours’ written notice to each member of the council served personally or left at the councilmember’s usual place of residence. Special meeting notices shall state the purpose of the meeting. No official action shall be transacted at any special meeting of the council unless the item has been stated in the notice of such meeting.
Treasurer and Clerk are Officers and not employees
62.1 Village officers; council; ordinance providing for election and terms of office; adoption; filing petition to delay effect of ordinance; ballot question.
(1) Except as provided in subsections (2) and (3), in each village, the following officers shall be elected: a president, 6 trustees, 1 clerk, and 1 treasurer. The president and trustees constitute the council. In all votes for which not less than a majority vote of council is required, the calculation of the number of votes required shall be based on the maximum number that constitutes council.
Water Rate increase and ordinance
71.6 Water rates; ordinance; terms.
The council shall establish just and equitable water rates to be charged and paid for water supply. The council shall periodically either modify, amend, increase, or diminish the water rates. The council may prescribe by ordinance when and to whom such water rates shall be paid, and what steps shall be taken to enforce payment of the water rates, including, but not limited to, notice to persons who fail to pay the rates that their supply of water may be shut off, and may provide, in case of nonpayment, that the supply of water may be shut off or stopped.
Managing Employees (not officers)
4.1 President as chief executive officer; duties generally. PA 3 of 1895
The president is the chief executive officer of the village. He or she shall preside at the meetings of the council. The president is a voting member of the council. The president shall give the council information concerning the affairs of the village, and recommend measures which he or she considers expedient. Unless otherwise provided in an ordinance adopted under section 8 of chapter V, the president shall exercise supervision over the affairs of the village and over the public property belonging to the village. The president shall see that the laws relating to the village and the ordinances and regulations of the council are enforced.
Compensation
64.21 Village officers; compensation. PA 3 of 1895
The president and each trustee shall receive compensation for the performance of the duties of the office of president or trustee only as provided by ordinance. The ordinance shall specify how the compensation is determined due and paid. Except as otherwise provided by law, these officers shall receive no other compensation for services performed for and on behalf of the village during their term of office. Except as otherwise provided in this act or by other law regulating fees for services, other officers shall receive such compensation as may be prescribed by the council.
Disincorporation of Village
74.18a Disincorporation of village; procedure. PA 3 of 1895
(1) To initiate the disincorporation of a village, a petition signed by not less than 15% (44 voters, based on 293 [the number of registered voters in the Village]) of the registered electors of the village requesting a vote on the question of whether the village shall disincorporate shall be filed with the township clerk.
(2) A petition shall designate the township or townships into which the village is proposed to be disincorporated. A village shall be disincorporated into the township or townships in which it is located, along existing township boundaries.
(3) After the petition is filed with the township clerk a petition affecting the village shall not be filed with the state boundary commission and a petition requesting disincorporation of the village into a different township shall not be filed under this act until the disincorporation process provided for by this act has concluded.
(4) Not more than 14 days after the petition is filed, the township clerk shall verify the signatures and determine the sufficiency of the petition. Unless the council proceeds under sections 23 to 23i of this chapter, if the clerk determines that the petition is sufficient, the question of the disincorporation of the village shall appear on the ballot at the next general or special election to be held in the village, subject to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The township clerk shall prepare the ballot language, in substantially the following form:
“Shall incorporation of the village of __________ be vacated?
( ) Yes
( ) No.”
(5) The county election commission of the county in which the greatest number of electors of the village reside shall provide ballots for the election.
(6) The clerk and election officials of each township into which the village is proposed to be disincorporated shall conduct the election on the proposed disincorporation in the village and the portions of the township outside the boundaries of the village, respectively.
(7) If the election on the proposed disincorporation is to be held in conjunction with a general election or a state primary election immediately before a general election, the notices of close of registration and election shall be published as provided for by the state election laws. Otherwise, the county clerk of the county in which the greatest number of electors of the village reside shall publish the notices of close of registration and election. The notice of close of registration shall include the ballot language of the proposal.
(8) The results of the election on the proposed disincorporation shall be canvassed by the board of county canvassers of the county in which the village is located.
(9) The disincorporation of the village shall take place under this section only if 2/3 of the electors voting on the questions vote “yes.” If the disincorporation is approved, the council shall immediately cause a transcript of all the proceedings in the case to be certified to both of the following:
(a) The county clerk of the county in which the village or the principal part of the village is located.
(b) The secretary of state.
STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963
§ 10 Removal or suspension of officers; grounds, report.
Sec. 10.
The governor shall have power and it shall be his duty to inquire into the condition and administration of any public office and the acts of any public officer, elective or appointive. He may remove or suspend from office for gross neglect of duty or for corrupt conduct in office, or for any other misfeasance or malfeasance therein, any elective or appointive state officer, except legislative or judicial, and shall report the reasons for such removal or suspension to the legislature.
2012 Tax Millage Rates Benzie County (Village of Elberta is the highest rate in the County)
Homestead Non-Homestead
Almira
Benzie School 20.4576 38.4576
Traverse School 21.8376 39.8376
Village Lake Ann
Benzie School 21.4801 39.4801
Traverse School 22.8601 40.8601
Benzonia Twp 20.1454 28.1454
Village of Benzonia 31.7454 49.7454
City of Frankfort 34.7526 52.7526
Village of Beulah 30.7985 48.7985
Blaine Twp
Benzie School 19.4413 37.4413
Frankfort School 20.1213 38.1213
Colfax Twp
Benzie 19.8905 37.8905
Thompsonville Village 27.1579 45.1570
Crystal Lake Twp. 20.3002 38.3002
Homestead Twp 20.4928 38.4928
Village of Honor 28.0567 46.0567
Inland Twp 20.3599 38.3599
Joyfield Twp 19.0522 37.0522
Lake Twp
Benzie school 19.0190 37.0190
Frankfort school 20.2990 38.2990
Platte Twp
Benzie school 20.4405 38.4405
Glen Lake school 20.3205 35.3901
Weldon Twp
Benzie school 19.7667 37.7667
Village of Thompsonville 27.0332 45.0332
Gilmore Twp
Frankfort school 20.6535 38.6535
Benzie 19.9735 37.9735
Village of Elberta 36.8100 54.8100
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